AI Overview...
- Ownership of Plot Allowed to Co-operative Housing Societies - Main points and insights:
- Co-operative Housing Societies are recognized as legal entities with rights over the property they manage or own, including the conveyance of land and flats to members (00400009540, 00400056111).
- The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA Act) governs the regulation, sale, and transfer of flats and property rights within these societies, emphasizing that societies can obtain conveyance of land and flats on behalf of members (00400033022, 00400072148, 00400075817).
- Courts have upheld the rights of flat owners and societies to seek conveyance and have emphasized that developers are duty-bound to execute conveyance in favor of societies and flat owners, ensuring their legal ownership rights are protected (00400040714, 00400029287).
- The registration of societies and their entitlement to ownership rights is reinforced by legal provisions and court rulings, which have allowed societies to be recognized as owners and to pursue conveyance of plots and flats (00400056111, 00400075817).
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Disputes regarding land conveyance, rights to ownership, and claims over plots have been adjudicated in favor of societies or flat owners, with courts emphasizing adherence to statutory provisions and protecting flat owners' rights (00400069819, 00400009540).
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Analysis and Conclusion:
- Under the Maharashtra Co-operative Societies Act and MOFA Act, co-operative housing societies are legally recognized as owners or entitled to obtain ownership of plots and flats through conveyance.
- Courts have consistently supported the rights of societies and flat owners to secure ownership and conveyance, reinforcing the legal framework that allows societies to hold and transfer property rights.
- Developers and authorities are obligated to execute conveyance in favor of societies, ensuring that ownership rights are legally established and protected.
- Overall, ownership of plots in co-operative housing societies is permitted and protected under Indian law, primarily governed by the Maharashtra Co-operative Societies Act, MOFA Act, and relevant court judgments.
Search Results for "Who is Ownership of Plot Allowed to Co Operative Housing Societies"
1997 0 Supreme(Bom) 486 • India - Bombay
T.K.CHANDRASHEKHARA DAS, A.A.DESAI
However, sole surviving heir of the plaintiff Karasandas Mulji Kapadia was allowed to be substituted by the present plaintiff viz., Parijat Flat Owners Co-operative Housing Society Limited (Body registered as Co-operative Housing Society under the provisions of the Maharashtra Co-operative Societies ... Co-operative Society of flat owners. ... In the agreement original plaintiff No. 1 had also agreed to join Co-Operative H....
2004 0 Supreme(All) 1901 • India - Allahabad
M.KATJU, SUNIL AMBWANI
Tripartite Deed - Housing Societies - U.P. ... societies, the ownership of buildings, and the rights and obligations of the lessees and lessors. ... Final Decision: All the writ petitions were allowed. ... ... ( 2 ) THE petitioners are Welfare Societies/ co-operative Housing Societies, and individual member of these socieites. ... Jeewan Ashray Co-operative Housing Society and ....
2010 0 Supreme(Bom) 465 • India - Bombay
ANIL R.DAVE, S.C.DHARMADHIKARI
allottee are given possession of flats and co-operative societies of allottee has become functional-Any further construction or ... 7, 7-A, 10, 11 and 13-Permission for further construction or addition at housing site-Further construction can be allowed only after ... (A) Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963-Sections ... and parties for selling to them on ownership basis self-contained flats in the proposed ....
2008 0 Supreme(Bom) 593 • India - Bombay
R.M.S.KHANDEPARKAR, A.V.NIRGUDE
Finding of the Court: The court found that the impugned order had ignored the rights assured to the flat takers and co-operative ... Madhuvihar Co-operative Housing & Ors., reported in JT 2007(2) SC 368 : [2007(2) ALL MR 398 (S.C.) : 2007 ALL SCR 857] and particularly whereby the Apex Court had clearly held that once the entire project is placed before the flat takers at the time of the agreement in terms of the Maharashtra Ownership ... It is the contention on behalf of the appellants that the learned single Judge by m....
2024 0 Supreme(Bom) 353 • India - Bombay
SANDEEP V. MARNE
(A) Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 - Section ... ... ... Result: The petition was allowed, and the condition of right of way was removed from the certificate of deemed conveyance ... Deputy Registrar, Co-operative Societies and Others 2023 4 AIR Bom. R. 817 and Tirupati Shopping Centre Premises Co-operative Housing Society Ltd. Vs. Shabayesha Construction Company Pvt. Ltd. (2021) 6 Mh.L.J. 557. ... Ri....
2012 0 Supreme(Bom) 1702 • India - Bombay
B.R.GAVAI
The Court allowed the motion and the appeal and directed the developer to remove the fencing from the area which is provided for ... Yes, the developer was duty bound to execute the conveyance in favour of the plaintiff and the appellant societies. 2. ... Whether the developer was duty bound to execute the conveyance in favour of the plaintiff and the appellant societies? 2. ... Madhuvihar Co-operative Housing Society. ... A Division Bench of this Court, in the case of White Towers Co-operativ....
2018 0 Supreme(Bom) 267 • India - Bombay
A.A.SAYED, MANISH PITALE
(flat owners) of two Petitioners – Societies had a right to form Co-operative Housing Societies - Original authority Registrar of ... Cooperative Societies allowed applications of Petitioners and granted registration as Cooperative Societies notwithstanding the ... Maharashtra Apartment Ownership Act, 1970 - Maharashtra Ownership Flats (Regulation of the Promotion of ... The question that arises for consideration in these two writ p....
2025 0 Supreme(Bom) 1683 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE
... ... Result: Appeals partly allowed. ... 3, 4, 7, 7A, and 11 - Dispute regarding conveyance of land among developer and housing society federation - Developer challenged ... (A) Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 - Sections ... This Court, in the case of Veer Tower Co-operative Housing Society Limited vs. ... Housing Societies’ Association Limited (Federation).The registered deed of un....
2023 0 Supreme(Bom) 651 • India - Bombay
N. J. JAMADAR
'D1' and assail the entitlement of the respondent society to have conveyance of the entire Plot 'D' admeasuring 18,602.20 sq. mtrs ... granted the petitioners the liberty to institute a substantive suit to agitate their claim of title to the allegedly carved out Plot ... 'D1' and assail the entitlement of the respondent society to have conveyance of the entire Plot 'D' admeasuring 18,602.20 sq. mtrs ... Competent Authority, District Deputy Registrar of Co-operative Housing Societies, M....
2025 Supreme(Online)(Bom) 6213 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Unknown, J
Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA Act) to entertain any further application for deemed conveyance by any constituent member of the Federation.
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